The information in the FAQ section below provides a summary of the settlements, the distribution of the settlement funds and the claims process. For complete information, refer to the court-approved Distribution Protocol. The Distribution Protocol can be found here.


1. IS MY VEHICLE BEING RECALLED?

No. The class actions relate to an alleged conspiracy to fix the price of automotive parts, which allegedly caused Settlement Class Members to pay too much for automotive parts and eligible brand vehicles.

2. HOW DO I APPLY TO RECEIVE SETTLEMENT BENEFITS?

If you have a claim ID and PIN, you are still able to apply for payments online by clicking HERE. Claim IDs and PINs were sent multiple times from [email protected] (most recently on October 16th and October 23rd). Please check your spam folder. It does not cost anything to apply to receive a payment.

There will be at least one more distribution in the auto parts cases. Subject to court order, if you do not apply for settlement benefits in this distribution, you will not be entitled to settlement benefits in a future distribution that relates to the same brands and years covered by this distribution. For updates on the status of the proposed distribution of settlement funds, visit www.siskinds.com/autoparts.  

3. WHEN IS THE DEADLINE TO FILE A CLAIM?

The deadline to file a claim was October 30, 2023. As it will not cause a delay to the administration and the distribution of payments, Settlement Class Members with a claim ID and PIN can file a claim HERE. Claim IDs and PINs were sent multiple times from [email protected] (most recently on October 16th and October 23rd). Please check your spam folder. It does not cost anything to apply to receive a payment. If you do not have a Claim ID and PIN, you can no longer apply for payment.

4. WHAT IS THIS CLASS ACTION ABOUT?

Class action lawsuits were commenced in Ontario, British Columbia, and/or Quebec alleging that automotive part manufacturers conspired to fix the price of certain automotive parts.  This distribution relates to settlements totaling approximately CDN $78,370,963.31 million, reached in 23 auto parts actions.  The aggregate settlement funds, plus accrued interest, less court-approved legal fees and expenses, and applicable taxes (the “Net Settlement Funds”), are available for compensation to Settlement Class Members. The settlements were approved by the courts in Ontario, British Columbia, and/or Quebec. The settlements are a compromise of disputed claims and are not an admission of liability.

5. WHAT SETTLEMENTS HAVE BEEN ACHIEVED?

The first round of settlements involved the below list of automotive parts, totaling $25,590,780 million. Those settlements related to a smaller set of affected vehicles and payments were issued to approved class members in March 2021.

  1. Automotive Wire Harness Systems
  2. Air Flow Meters
  3. Electronic Control Units
  4. Fan Motors
  5. Fuel Senders
  6. Power Window Motors, and
  7. Windshield Washer Systems

An additional 23 settlements have been reached involving the below list of automotive parts, totaling $78,370,963.31 million. These settlements are the subject of the current distribution.

  1. Alternators
  2. Automatic Transmission Fluid Warmer
  3. Automotive Brake Hoses
  4. Automotive Hoses
  5. Body Sealing Parts
  6. Ceramic Substrates
  7. Electronic Throttle Bodies
  8. EPS Assemblies
  9. Fuel Injection Systems
  10. Heater Control Panels
  11. High Intensity Discharge Ballasts
  12. Inverters
  13. Manual Steering Columns
  14. Motor Generators
  15. Occupant Sensing System
  16. Oxygen Sensors
  17. Plastic Interior Trim
  18. Radiators
  19. Spark Plugs
  20. Starters
  21. Steering Angle Sensors
  22. Switches
  23. Windshield Wipers

All settlements were approved by the Ontario, British Columbia and/or Quebec Courts. The settlements are a compromise of disputed claims. They are not an admission of wrongdoing.

There will be at least one more distribution in the auto parts cases.  Subject to court order, if you do not apply for settlement benefits in this distribution, you will not be entitled to settlement benefits in a future distribution that relates to the same brands and years covered by this distribution.  For updates on the status of the proposed distribution of settlement funds, visit www.siskinds.com/autoparts.  

6. WHAT PARTS ARE THE SUBJECT OF THE AUTO PARTS CLASS ACTIONS?

In addition to the parts listed in FAQ 5, the following parts are the subject of the auto parts class actions:

  1. Air Conditioning Systems
  2. Anti-Vibration Rubber Parts
  3. Autolights
  4. Automotive Access Mechanisms
  5. Automotive Exhaust Systems
  6. Automotive Steel Tubes
  7. Braking Systems
  8. Constant Velocity Joint Boot
  9. Door Latches
  10. Ignition Coils
  11. Instrument Panel Clusters (IPC)
  12. Power Window Switches
  13. Shock Absorbers
  14. Valve Timing Control Devices
  15. Bearings (view FAQ 7 for the status of this settlement)

7. WHAT IS THE STATUS OF THE BEARINGS CLASS ACTION?

At present, the funds from the Bearings Class Action are being withheld from the second distribution. The settlement approval process for Bearings has been delayed because of an appeal in the Quebec Court. Visit this website periodically for updates.

8. WHAT IS THE STATUS OF THE SETTLEMENT FUNDS?

The settlement amounts (less court-approved counsel fees, disbursements, and notice costs) are being held in an interest-bearing account for the benefit of Settlement Class Members, pending completion of the claims process.

9. WHO IS ELIGIBLE TO CLAIM?

To be eligible for settlement benefits in any particular action, you must have purchased and/or leased a new passenger car, sport utility vehicle, van, and/or light truck (up to 10,000 lbs) manufactured by the affected Automaker(s) during the relevant Event Period or Post Event Period, as set out in the chart below.  These are known as the “Affected Vehicles.”

No wrongdoing is alleged as against the Automakers listed below. They are not defendants in the class actions.

The following chart outlines the affected brands and relevant periods for the distribution:

Automaker chart

You are eligible to submit a claim even if you have subsequently sold the relevant vehicle.

Persons who opted out of the class actions, the defendants, and certain parties related to the defendants are not eligible for payments.

10. HOW MUCH MONEY WILL I RECEIVE?

Fixed Payment to Canadian Automakers

A fixed payment will be made to Canadian Automakers who purchased at least $500,000 of the Relevant Part during the Event Period and/or Post Event Period (as set out below), and whose claim has not otherwise been released by virtue of the parallel U.S. direct purchaser actions and/or private settlement: 

Relevant Part / Class Action

Canadian Automaker

Allocation

Alternators

Fiat Chrysler Canada Inc.

$60,000

General Motors of Canada Ltd

$60,000

Fuel injection system

General Motors of Canada Ltd

$40,000

Inverters

General Motors of Canada Ltd

$3,000

Motor Generators

General Motors of Canada Ltd

$2,000

Oxygen Sensors

Fiat Chrysler Canada Inc.

$30,000

General Motors of Canada Ltd

$30,000

Toyota Motor Manufacturing Canada

$30,000

Spark Plugs

Fiat Chrysler Canada Inc.

$25,000

General Motors of Canada Ltd

$25,000

Toyota Motor Manufacturing Canada

$25,000

Starters

Fiat Chrysler Canada Inc.

$40,000

General Motors of Canada Ltd

$40,000

Windshield Wiper Systems

Fiat Chrysler Canada Inc.

$30,000

Toyota Motor Manufacturing Canada

$30,000

Ceramic substrates

Honda Canada Inc.

$10,000

Toyota Motor Manufacturing Canada

$40,000

Electronic Throttle Bodies

General Motors of Canada Ltd

$15,000

To the extent that the above amounts are unclaimed, the funds will be distributed to qualifying Settlement Class Members as set out below. 

Prorata Payments to End Users, Dealers and Automakers

After the fixed payments are made, the Net Settlement Funds will be distributed on a proportional basis, based on the value of your claim relative to the value of all approved claims, subject to a minimum payment as described below. The value of your claim for the purpose of determining your share of the settlement funds will be calculated based on:

i. The purchase price of the vehicle(s):

For End Users, the purchase price will be calculated as follows:

  • For purchases and/or leases disclosed in the customer information provided by the Automakers and additional purchases or leases of up to fifteen (15) Affected Vehicles (including through a buy-out of a lease):
    • For purchases (including leased vehicles that were subsequently purchased), the purchase price will be calculated as per the chart below. 
    • For leased vehicles that were not subsequently purchased, the purchase price will be calculated based on 40% of the purchase price, as per the chart below. 

MSRP[1] of Affected Vehicle

Purchase Price

MSRP less than $40,000

$30,000

MSRP between $40,000 and $60,000

$50,000

MSRP between $60,000 and $80,000

$70,000

MSRP over $80,000

$100,000

 

  • For purchases and/or leases of more than fifteen (15) Affected Vehicles not disclosed in the customer information provided by the Automakers (including through a buy-out of a lease), the purchase price will be determined based on purchase price information provided by the End User as part of the claims process.

For Dealers, the purchase price will be calculated as follows:  

  • For purchases and/or leases of Affected Vehicles that are disclosed in the customer information provided by the Automakers, the purchase price will be calculated based on that information. Where that information contains the MSRP only, the purchase price will be calculated based on the MSRP less 7%.
  • For purchases and/or leases of Affected Vehicles that are not disclosed in the customer information provided by the Automakers, the purchase price will be determined based on purchase information provided by the Dealer as part of the claims process. 

For Automakers, the purchase price will be based on information provided as part of the claims process. 

ii. When you purchased or leased the vehicle: Purchases and leases during the Post Event Period (see table in FAQ 9) will be discounted by 50% to reflect the additional litigation risks associated with proving damages during this period.

iii. The category of Settlement Class Member: Settlement Class Members will be categorized as End Users, Dealers, or Automakers and applied the value of purchases percentage as per the chart below.  The value of purchases percentage that applies to each category of purchaser reflects an estimate as to the extent to which any unlawful increase in prices was passed through the distribution chain.

Purchaser Group

Description

Value of

Purchases (%)

Automakers

Aston Martin, BMW/Mini Cooper, Chrysler/Dodge/Fiat/Jeep/Ram, GM (Pontiac/Buick/Cadillac/Chevrolet/Daewoo/GMC/Hummer/Isuzu/Oldsmobile/Saab/Saturn), Ford/Lincoln/Mercury, Honda/Acura, Jaguar/Land Rover, Nissan/Infiniti, Subaru, Toyota/Lexus, Volkswagen/Audi/Porsche, Volvo

7.5%

Dealer

A Settlement Class Member who purchased an eligible brand vehicle from an Affected Automaker, or a subsidiary thereof, for resale to End Users.

25%

End User

A Settlement Class Member who purchased or leased an eligible brand vehicle for its own use and not for commercial resale.

67.5%


Sample Calculation:
If an End User purchased eligible brand vehicles with purchase prices totaling $50,000 the Event Period and $150,000 during the Post Event Period, its claim value for the purposes of determining its pro rata share of the Net Settlement Funds would be calculated as follows:

$50,000 (representing the purchase price) x 1 (representing the timing of the purchase or lease) x 0.675 (representing the categorization of the Settlement Class Member as an End User) = $33,750

Plus

$150,000 (representing the purchase price) x 0.5 (representing the timing of the purchase or lease) x 0.675 (representing the categorization of the Settlement Class Member as an End User) = $50,625

For a total of $84,375

Assuming the value of all qualifying Settlement Class Members’ Affected Vehicle Purchases totalled $10 million, this Settlement Class Member would be entitled to 0.84% ($84,375/$10 million) of the Net Settlement Funds.

Minimum Payment

Notwithstanding the foregoing, subject to further order of the Ontario and Quebec Courts following the adjudication of all claims, all valid claims will be assigned a minimum value of $25, NOT per vehicle. The $25 valuation target is not an estimate of any damages suffered. It is a minimum administrative threshold designed to maintain a feasible economic and administrative platform for the settlement distribution.

This minimum will be applied only after summing all payments under the class actions identified in the chart of FAQ 5. For example, if a Settlement Class Member is entitled to $17 pursuant to the Alternators class action and an additional $6 pursuant to the Automotive Hoses class action, for a total claim value or $23, the Settlement Class Member would receive a $2 increase, for a total payment of $25.

Judicial Discretion

In each case, further directions can be sought from the Ontario and Quebec Courts regarding the distribution of the settlement funds to ensure a fair and cost-effective distribution.


[1]          For each model, the MSRP was determined by averaging the MSRP of all trim levels of the Affected Vehicle over the longest relevant period, as disclosed in paragraph 3(a) of the Distribution Protocol. 

11. WHAT IF I NEED ASSISTANCE FILING A CLAIM?

If you have questions while completing the claim form, you may contact the Claims Administrator at no charge. Email [email protected] or call 1-866-474-4331.   

12. WHAT INFORMATION AND PROOF OF PURCHASE DO I NEED TO PROVIDE WITH MY CLAIM?

End Users and Dealers:

End Users and Dealers can rely on customer information provided by the Automakers as proof of purchase. Depending on the nature of the information available from the Automakers, the information will either be:

  • Prepopulated within the online claim form, in which case you would have been sent an email or letter with user ID and password that you can use to access this information.  Emails and letters were sent between June 28, 2023 and July 12, 2023.  Please check your “junk” or “spam” email; or
  • Provided only to the Claims Administrator and the Claims Administrator will have that information available to it while adjudicating your claim.

No further information is required in respect of any prepopulated purchases. 

If you did not receive an email or letter with a user ID and password or you are claiming for additional purchases not pre-populated in your online claim, you must provide the following purchase information:

  • For purchases/leases of up to fifteen (15) Affected Vehicles, you must provide the make, model, and year of each Affected Vehicle.
  • For purchases/leases of greater than fifteen (15) Affected Vehicles, you must complete a Purchases Spreadsheet, which you can download here

In addition:

  • If your purchases/leases are less than $5 million, your claim might be selected for an audit, in which case you will be asked to provide proof of purchase.  You may elect to provide proof of purchase with your claim (see FAQ 17- “WILL MY CLAIM BE AUDITED?”).
  • If your purchases/leases exceed $5 million, you must provide proof of purchase with your claim.
  • Proof of purchase/lease includes invoices, receipts, original purchase or lease records, or historical accounting records.  Dealers may be able to obtain a purchase summary from the relevant Automaker(s).

If you only have purchase records for part of the Event Period and/or Post-Event Period, you can rely on those records to extrapolate your purchases.  See paragraph 35 of the Distribution Protocol for more information.

If you submitted a claim in the first distribution and consented to your purchase information being used in subsequent distributions, subject to the discretion of the Claims Administrator, you cannot supplement your claim as it relates to the brands included in the first distribution (Toyota/Lexus, Honda/Acura, Nissan/Infiniti, Subaru, and GM (Pontiac Vibe)). If you did not consent to your purchase information being used in subsequent distributions, you will have to provide your purchase information again.

Automakers:

Automakers must complete a Purchases Spreadsheet, which you can download here

In addition:

  • If your purchases are less than $5 million, your claim may be selected for an audit, in which case you will be asked to provide proof of purchase.  You may elect to provide proof of purchase with your claim (see FAQ 17- “WILL MY CLAIM BE AUDITED?”).
  • If your purchases exceed $5 million, you must provide proof of purchase with your claim. 
  • Proof of purchase includes invoices, receipts, original purchase or lease records, or historical accounting records. 

Canadian Automakers:

The affected Canadian Automakers must submit an affidavit sworn by a company representative attesting to the following for each Relevant Part:

  1. Purchases of at least $500,000 of the Relevant Part during the Event Period and/or Post Event Period (as defined in FAQ 9 above);
  2. The purchases were made outside of the United States; and,
  3. Any compensation received and/or release granted through other proceedings or private out-of-class settlements in relation to their purchases of Relevant Parts. Alternatively, the Canadian Automaker may elect to forego participation in the distribution of settlement funds on a per case and/or per defendant basis.

The Claims Administrator will contact Canadian Automakers directly with instructions on how to submit the affidavit.

13. WHAT IF I FILED A CLAIM BEFORE I RECEIVED A CLAIM ID AND PIN?

If you received notice with login information, it is because you filed a claim in the first distribution and/or you were identified in the customer records provided by the Automakers. Using this login information when filing a claim will allow your claim to be prepopulated with your purchase information and will reduce the time required to process your claim. 

If you have filed a claim and subsequently receive notice with login information, please complete a second claim using the Claim ID and PIN received.  Only your second claim will be considered for compensation. 

14. HOW DO I KNOW IF MY CLAIM WAS FILED?

Immediately after you file your claim, a page will be displayed confirming the submission of your claim. You will also be sent a confirmation email to the email address you provided in your claim form.

If you do not receive this confirmation, please confirm that you have filled in all the required information. There will be red text on the form anywhere that information is missing. If you are still unsure whether your claim was filed, email [email protected] or call 1-866-474-4331.

15. WHAT HAPPENS AFTER I FILE A CLAIM?

The courts have appointed RicePoint Administration Inc., as the "Claims Administrator". The Claims Administrator will receive and review claims, make determinations in respect of entitlement to settlement benefits, and issue payments to eligible claimants.

The Claims Administrator might request further information if there are deficiencies in your claim or if other information is required (see FAQ 16- “WHAT HAPPENS IF MY CLAIM HAS DEFICIENCIES?” ). If you do not provide the requested information, your claim might be rejected.

The Claims Administrator might request further information as part of an audit (see FAQ 17- “WILL MY CLAIM BE AUDITED?”). If you do not provide the requested information, your claim might be rejected.

Once all claims are received and processed, decision notices will be sent to everyone who filed claims. Decision notices will be sent to the email or mailing address you provided in the claim form. If your address changes prior to receiving a decision notice, it is your responsibility to advise the Claims Administrator. The Claims Administrator’s decision is binding subject to a limited right of appeal (see FAQ 20- “CAN I APPEAL THE CLAIMS ADMINISTRATOR’S DECISION?”).

Accurate processing takes time. Depending on the number of applications filed, it could be up to one year after the claims deadline before you receive compensation. Please check this website for regular updates.

16. WHAT HAPPENS IF MY CLAIM HAS DEFICIENCIES?

The Claims Administrator might request further information if your claim is deficient or if other information is required. If your claim is deficient, you will receive a notification by email or mail.

You will be provided with 30 days from the date of the notice to correct the deficiency. If the deficiencies are not corrected within the 30-day period, depending on the nature of the deficiency, the Claims Administrator might reject your claim.

17. WILL MY CLAIM BE AUDITED?

The Claims Administrator will audit a subset of claims for accuracy. This audit will determine whether the Settlement Class Member provided adequate proof of purchase and otherwise met the requirements of the Distribution Protocol. The Claims Administrator will audit:

  1. Any claims that relied on extrapolated purchases
  2. Claims that account for the top 85% of claims by purchase value, where the purchases are not substantiated by the customer information provided by the Automakers; and,
  3. A random selection of between 5-15% of other claims where the Class Member claimed for purchases and/or leases of more than fifteen (15) Affected Vehicles.

The Claims Administrator also has sole discretion to audit any other claims.

You will receive a notification by email or mail if your claim will be audited.

18. WHAT DO I HAVE TO DO IF MY CLAIM IS AUDITED?

You will be required to provide proof of your purchases and/or leases that are not substantiated by the customer information provided by the Automakers. You will have 30 days from your notice of audit to provide proof of purchase.  If no response is provided within the 30-day period, the Claims Administrator will reject all or part of the claim.

19. WHAT IS CONSIDERED PROOF OF PURCHASE?

If you purchased and/or leased up to 15 Affected Vehicles not substantiated by the customer information provided by the Automakers:

Documentary proof can be in the form of invoices, receipts, original purchase or lease records, insurance documentation, government vehicle identification history documentation, or historical accounting records.

If you purchased and/or leased more than 15 Affected Vehicles not substantiated by the customer information provided by the Automakers:

Documentary proof can be in the form of invoices, receipts, original purchase or lease records, purchase summaries provided by an Automaker, or historical accounting records. 

20. CAN I APPEAL THE CLAIMS ADMINISTRATOR’S DECISION?

The right to appeal is limited to circumstances where the dispute as to the value of your Affected Vehicle purchases is equal to or greater than $1,000,000.  You must submit your appeal within 30 days from the date of the Decision Notice.

Appeals will be determined by the Ontario Court and the Quebec Court, or a third party designed by the Ontario Court and the Quebec Court and will be based on written submissions supported by the documentation you provided to the Claims Administrator during the claims process. No new documentation can be provided with your appeal.

The appeal decision is final.

21. WHEN WILL I RECEIVE MY MONEY?

Accurate processing takes time. Depending on the number of claims forms filed, it could be up to one year after the claims deadline before you receive compensation. Please check this website for regular updates.

22. HOW WILL I RECEIVE PAYMENT?

If you are an approved individual End User and selected to receive payment via e-Transfer, you will receive an email with your e-Transfer from Interac at the time of distribution. The claim does not require you to enter any banking information.

For individual End Users that indicated they cannot accept Interac e-Transfers, your payment will be sent via cheque to the address you entered in your claim and be subject to a $2 fee.

All approved claims for businesses, dealers, and Automakers will be sent payment via cheque, or at the Claims Administrator’s discretion, wire transfer.

Please monitor this website for updates on the timing of distribution.

22. WHO AM I REPRESENTED BY?

The law firms of Siskinds LLP and Sotos LLP represents Settlement Class Members in Ontario, and in provinces other than British Columbia or Quebec. Siskinds LLP can be reached at:

Telephone (toll free): 1-800-461-6166 ext. 1315

Email: [email protected]

Mail: 680 Waterloo Street, London, ON N6A 3V8 Attention: Charles Wright

Sotos LLP can be reached at:

Telephone (toll free): 1-888-977-9806

Email: [email protected]

Mail: 180 Dundas Street West, Suite 1200, Toronto, ON M5G 1Z8 Attention: Jean-Marc Leclerc

The law firm of Camp Fiorante Matthews Mogerman LLP represents Settlement Class Members in British Columbia. British Columbia Class Counsel can be reached at:

Telephone: 1-800-689-2322

Email: [email protected]

Mail: #400 - 856 Homer Street, Vancouver, BC V6B 2W5 Attention: David Jones

The law firm of Siskinds Desmeules s.e.n.c.r.l. represents individuals and corporations of 50 or less employees who are members of these class actions in Quebec. Québec Class Counsel can be reached at:

Telephone: 418-694-2009

Email: [email protected]

Mail: Les promenades du Vieux-Quebec, 43 rue De Buade, bureau 320, Quebec City, QC G1R 4A2 Attention: Karim Diallo.

You do not need to pay out-of-pocket for the lawyers working on the class actions. The lawyers were paid from the settlement funds in the amount approved by the courts.

24. WHO HAS ACCESS TO MY INFORMATION?

All information received from defendants, the Automakers or Settlement Class Members collected, used, and retained by the Claims Administrator for the purposes of administering the Distribution Protocol is protected under the Personal Information Protection and Electronic Documents Act, SC 2000 c 5. The information provided by Settlement Class Members is strictly private and confidential and will not be disclosed without the express written consent of the relevant Settlement Class Member, except in accordance with the Court-approved Distribution Protocol and any related Court orders. More information about the Claims Administrator is available by clicking here.

25. WHO DO I CONTACT IF I HAVE QUESTIONS?

For more information about the settlements, the distribution of the settlement funds and the claims process you can contact the claims administrator at [email protected] or 1-866-474-4331.

To receive future notices and updates regarding any of the other auto parts class actions and any future settlements, register online at www.siskinds.com/autoparts.